Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7594 of 2021 Applicant :- Jeeshpal Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that deceased Rubi was wedded to Jeeshpal, the applicant. She committed suicide by hanging on 26.6.2020 and FIR was lodged against the applicant along with other members of his family under Sections 498A, 304B and 3/4 Dowry Prohibition Act with allegation that deceased was subjected to harassment in relation to demand of dowry.
It is submitted that applicant is innocent and he has falsely been implicated in the present case, being husband of the deceased. He had made no any demand with the deceased and not subjected her to harassment in relation thereto. During postmortem, no injury was found on the person of the deceased. Witnesses have not supported the prosecution version. Further submitted that P.W.-1 father and P.W.-2 mother of deceased have been examined before the trial court where they have not supported the prosecution version. They have clearly stated that there was no demand of dowry with the deceased by applicant. They did not subject her to cruelty. She committed suicide by hanging. Deceased never tell them about the demand of dowry. At the instance of villagers, FIR was lodged. From the statements of father and mother of the victim, offences under Sections 498A, 304B and under Section 3/4 D.P. Act are not made out. There is no criminal history against the applicant. The applicant is languishing in jail since 27.6.2020 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that applicant is husband and deceased was subjected to harassment in relation to demand of dowry, therefore she committed suicide, so he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that father and mother of victim are not supporting the prosecution version relating to demand of dowry and harassment of deceased and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Jeeshpal involved in Case Crime No. 359 of 2020, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sindhauli, District Shahjahanpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Arif